EULA

Date Updated: 15 Dec 2020

END USER LICENSE AGREEMENT

Please read this EULA carefully as it sets out the basis upon which we license the Game for use.

Before you play the Game you will be asked to give your express agreement to the provisions of this EULA and warrant that you, the User, are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting'' country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.

Definitions

In this EULA

“Distribution Platform” means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game;

“Distribution Platform Terms and Conditions” means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;

“DLC” means any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User;

“Documentation” means any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User;

“Effective Date” means the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA;

“EULA” means this end user license agreement, including any amendments or updates to this end user license agreement from time to time;

“Game” means Ascension as modified, patched, updated, and upgraded from time to time by or with the authorization of the Licensor, including any DLC;

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or registerable, registered or unregistered, including any application right of application for such rights (and these “intellectual Property Rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, and rights in design);

“Licensor” means Piqued Solutions, LLC, D.B.A. Piqued Studios a United States Company having its address located in San Antonio Texas and can be reached at support@piqued.studio;

“Permitted Hardware” means any device that is owned by the User and  meets the minimum hardware requirements for the Game published by Piqued Studio;

“Term” means the term of this EULA, commencing and ending in accordance with Clause 2;

“User” means the person to whom the Licensor grants the right to use the Game under this EULA in accordance with the preamble to this EULA.

Term

This EULA shall come into force upon the Effective Date.

This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 8 or any other provision of this EULA.

License 

The licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term license to:

Install a copy of the Game on the Permitted Hardware;

Use a single instance of the Game on the Permitted Hardware;

For the private and Domestic purposes of the User and subject to the limitations and exclusions set out and referred to in this Clause 3 of this EULA;

The User may permit family members and friends of the User to use the User’s installation of the Game on the Permitted Hardware;

Any license granted to the User under this Clause 3 shall be subject to the following prohibitions:

The User must not sell, resell, rent, lease, loan, license or sublicense the Game;

The User must not modify, alter, adapt or create derivative works of the Game;

The User must not decompile, de-obfuscate, reverse engineer or attempt to decompile, de-obfuscate, reverse engineer the Game;

The User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the game; and,

The User must not import or export the Game or otherwise use the Game, in contravention of any applicable laws,

Save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis.

Distribution Platforms

In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the user in relation to the Game.

Distribution Platform and its subsidiaries are third party beneficiaries of this EULA and upon the User’s acceptance of the Terms and Conditions of this EULA Distribution Platform will have the right (and will be deemed to have accepted the right) to enforce the EULA against the User as a third party beneficiary thereof.

Maintenance and support

The Licensor is solely responsible for providing any maintenance and support services to include, but not limited to, any updates or DLC with respect to the Game, as specified in this EULA, or as required under applicable law.

Distribution Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.

Warranty

Licensor is responsible for any product warranties;

In the event of any failure of the Game to conform to any applicable warranty the User may notify Distribution Platform and be refunded the purchase price for the Game, and to the maximum extent permitted by applicable law, Distribution Platform has no other warranty obligation whatsoever with respect to the Game. 

Intellectual Property Rights

In the event of any third party claim that the Game or users possession and use of the Game infringes a third party’s intellectual property rights, Licensor, not the Distribution Platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Termination

The User may terminate this EULA at any time by ceasing the use of the Game and promptly destroying and deleting all copies, including any documentation. The User shall not be entitled to any refund of the license fee;

In the event that the Licensee fails to comply with any of the terms or conditions of this EULA, the Licensor may terminate for cause the User's right to use the Game, including any documentation. Upon such termination the User must destroy and delete all copies of the Software, including any documentation. The User shall not be entitled to any refund of the license fee upon such termination.

Governing law and dispute resolution

This EULA shall be governed and construed by U.S. law;

Licensor and User will use all reasonable efforts to solve any controversy that may arise from this EULA amicably. Disputes that cannot be settled amicably shall be settled in the Texas court system.

Interpretation 

If any provision of this EULA is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions of this agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this agreement.